Torgeson v. Missouri-Kansas-Texas Railroad

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for personal injuries sustained in a railroad-crossing casualty alleged to have been caused by the negligence of defendant. The jury answered special questions and returned a general verdict for plaintiff. Defendant has *799appealed and has argued many points. The real question presented is, Was plaintiff guilty of contributory negligence as a matter of law?

The facts are substantially these: Defendant operates a line of railroad from Junction City south and east through Geary, Morris and other counties. Near the…